Things our solicitor's still waiting for (buying leasehold) - any solicitors here?

sydenhambased

Our solicitor's STILL waiting for answers to about five queries, from our vendor's solicitor.

From what I can tell, they're waiting for answers to the following:

1. Copy accounts (it's leasehold - management company accounts)
2. Please confirm that all covenants and other obligations affecting the title have been fully observed and performed.
3. Please confirm that you hold the original Lease and that the same will be handed over on completion.
4. Please confirm if any rights reserved in the Lease have been exercised against the property.
5. We note that you have supplied a copy of the building regulations Completion Certificate. Please also supply copy planning permission and building regulations approval relating to the conversion/development.

The first point requires some effort on the management company's accountant, which happens to be the vendor! As of a week ago, 2012-13 and 13-14 accounts hadn't yet been prepared.

I don't quite understand the last point but I've found the appropriate Planning Application (Status: Decided) and Building Control (Status: Building works completed) on the relevant council's website. Could this be all she's asking for?

As far as I can tell, the other three points would require two phone calls tops: one from vendor's solicitor to vendors and one from vendor's solicitor back to our solicitor.

I realise the usual response is "Talk to your solicitor". She's busy and she really didn't want to release her list of enquiries to the estate agent (who's been clamouring to pester the other parties for weeks) let alone me.

Just wondering if anybody here can see anything that I've missed that could/should take weeks/months rather than days (minutes!) to resolve.

Thanks

eddddy

sydenhambased wrote: »

...
As far as I can tell, the other three points would require two phone calls tops: one from vendor's solicitor to vendors and one from vendor's solicitor back to our solicitor.
...

It will all be done in writing. Your Sol will write to Vendor's Sol. Vendor's Sol will write to Vendor. Vendor will reply to Vendor's Sol. Vendor's Sol will write to your Sol.

And each time a letter arrives at a Sol, it will go to the bottom of an in-tray. (It may sound unreasonable, but the Sol would say he/she is simultaneously conveyancing for lots of clients. He/she deals with all clients in rotation. He/she can't push other clients back to deal with your stuff the moment it arrives.)

This kind of stuff has to be done in writing, because it forms part of a high-value contract, and so a paper trail is needed.

e.g. If the seller confirms that all covenants have been performed, and they haven't - you might sue for many thousands of pounds. In those circumstances, nobody wants arguments about who said what in various phone calls.

sydenhambased

Thanks eddddy.

For the record, the letter listing these queries dates from the 9th of September.

That's SIX weeks ago today. Am I unreasonable in expecting this to be sorted by now?

Elfbert

sydenhambased wrote: »

I realise the usual response is "Talk to your solicitor". She's busy and she really didn't want to release her list of enquiries to the estate agent (who's been clamouring to pester the other parties for weeks) let alone me.

I understand not releasing the list of enquiries to the estate agent...but you PAY her, she should release them to you with no queries!

And yes, you should phone up and ask why the delay, if it's been 6 weeks.

I've found with conveyancing sols it's the squeaky wheel that gets the grease - if you don't chase, then you'll stay in the pile under all the people who ARE chasing. And there will be plenty.

I'd say after 6 weeks you're entitled to find out why it's all dragging on.

Pete9501

sydenhambased wrote: »

As of a week ago, 2012-13 and 13-14 accounts hadn't yet been prepared.

What they haven't even been able to supply the 2012 and 2013 accounts ?

Oops

G_M

sydenhambased wrote: »

1. Copy accounts (it's leasehold - management company accounts) below
2. Please confirm that all covenants and other obligations affecting the title have been fully observed and performed.Edddy has explained why it is NOT '2 phone calls'. But additionally, this may involve checking all the covenants etc, and then reviewing the history to ensure compliance. Or perhaps there is some non-compliance which the vendor is trying to regularise (eg get a consent for something already done). Or.... or..... or
   
3. Please confirm that you hold the original Lease and that the same will be handed over on completion.Perhaps it is being frantically sought! "Has the mortgage lender got it? The original purchasing solicitor? Where is? I know I saw it last year....."
   
4. Please confirm if any rights reserved in the Lease have been exercised against the property. See 2 above
5. We note that you have supplied a copy of the building regulations Completion Certificate. Please also supply copy planning permission and building regulations approval relating to the conversion/development.

The first point requires some effort on the management company's accountant, which happens to be the vendor! As of a week ago, 2012-13 and 13-14 accounts hadn't yet been prepared.
If the accounts have not been prepared, they can't be sent to the solicitors can they? So
a) there may be a problem with the acounts (which could take a week, or several months to resolve) or
b) the mgmt co might just be acting really slowly providing their accountant (OK, yes, in this case that's the vendor but so what?)with the details needed to prepare the acounts or
c) the vendor might be deliberately slowing things down for whatever reason.

I don't quite understand the last point but I've found the appropriate Planning Application (Status: Decided) and Building Control (Status: Building works completed) on the relevant council's website. Could this be all she's asking for?probably. Tell you solicitor, send him a copy (or link to council website) and withdraw the request!

As far as I can tell, the other three points would require two phone calls tops: one from vendor's solicitor to vendors and one from vendor's solicitor back to our solicitor.
This assumes
a) the answer is known
b) the answer is a simple 'yes'
c) the answer is not required in writing

...and she really didn't want to release her list of enquiries to the estate agent (who's been clamouring to pester the other parties for weeks) let alone me.Nothing to do with estate agent. You are her client.

This could be resolved by the end of this week.

Or early in the New Year.

kiddakidda

sydenhambased wrote: »

Our solicitor's STILL waiting for answers to about five queries, from our vendor's solicitor.

From what I can tell, they're waiting for answers to the following:

1. Copy accounts (it's leasehold - management company accounts)
2. Please confirm that all covenants and other obligations affecting the title have been fully observed and performed.
3. Please confirm that you hold the original Lease and that the same will be handed over on completion.
4. Please confirm if any rights reserved in the Lease have been exercised against the property.
5. We note that you have supplied a copy of the building regulations Completion Certificate. Please also supply copy planning permission and building regulations approval relating to the conversion/development.

The first point requires some effort on the management company's accountant, which happens to be the vendor! As of a week ago, 2012-13 and 13-14 accounts hadn't yet been prepared.

I don't quite understand the last point but I've found the appropriate Planning Application (Status: Decided) and Building Control (Status: Building works completed) on the relevant council's website. Could this be all she's asking for?

As far as I can tell, the other three points would require two phone calls tops: one from vendor's solicitor to vendors and one from vendor's solicitor back to our solicitor.

I realise the usual response is "Talk to your solicitor". She's busy and she really didn't want to release her list of enquiries to the estate agent (who's been clamouring to pester the other parties for weeks) let alone me.

Just wondering if anybody here can see anything that I've missed that could/should take weeks/months rather than days (minutes!) to resolve.

Thanks

With the exception of Q1 and possibly Q5 they are Yes or No answers. Focus attentions there.

I find that asking direct questions via email and involving all concerned (EA/Sols/Management companies/lenders/vendors/buyers) Normally gets answers quicker.

Good Luck!!

sydenhambased

Thanks all.

In regard to points 2, 3 and 4, the development (gutting and turning a pub into flats) only took place 10 years ago. Our vendor ran both this flat and the one next door as BTLs, and put them both on the market at the same time, having smartened them up.

I can't imagine they wouldn't have had the original lease to hand, and I know they haven't done any works that would require consent. That said, I suppose a tenant could've breached the midnight-7am noise limits or something, but how relevant is that when the property's changing hands?

As things stand, the vendor's solicitor appears to be in the office about three days per week, and the estate agent is doing his best to cajole both solicitors AND management company at least a couple of times per week (generally in response to me pestering him).

Is there anything else that any of you would be doing, at this point, in my shoes? EA is still pushing for THIS month but I've got to keep my landlady in the loop - we've been giving and then delaying notice since August (we pulled out of a much slower purchase).

sydenhambased

Pete9501, the letter from the management company to the vendor's solicitor reads:

"We enclose accounts for the years ended 30 June 2011 & 30 June 2012 and the accounts for 2013 and 2014 are being prepared and will be forwarded as soon as possible."

I've just spotted that that letter was sent on the 8th October, in response to a letter from vendor's solicitor dating from the 6th October. Sounds to me as though it's really the vendor's solicitor rather than the management company that are taking their time...

G_M

sydenhambased wrote: »

Thanks all.

and I know they haven't done any works that would require consent. That said, I suppose a tenant could've breached the midnight-7am noise limits or something, but how relevant is that when the property's changing hands?

In that case why not instruct your solicitor not to pursue answers to questions you do not need answering. She works for you!

(well, OK, she may also work for a mortgage lender if you are getting one, and may have to provide he answer for them - but you have not mentioned this)

enthusiasticsaver

I understand your frustration. We are selling a leasehold flat and all the delay has been down to our property management company either not supplying the right documents or being slow to respond to buyers queries. Today I have at last been told that all the queries have been answered by email, better than phone so hopefully we will get a completion date this week. All you can do is keep chasing and making a general nuisance of yourself and hopefully then either the vendors' solicitor or the management company will get their skates on. Good luck.